Guides

The financial aspect of a divorce/dissolution is referred to "ancillary relief", as it is ancillary to the divorce/dissolution itself.  Often it is sensible to sort out the finances before the divorce/dissolution is finalised.

Ancillary relief is governed by a protocol designed to keep costs down and avoid a trial where possible.  It sets out best practice to be followed and encourages negotiated settlement.  The essential parts of the protocol are as follows:

1. An initial letter should be sent to the other side advising them of the fact that an application is being brought and seeking to agree whether financial disclosure is to be provided before any application is issued at Court;

2. If the other side responds positively then there should be disclosure and negotiation prior to going to Court.  If they do not reply favourably then you should go to Court;

3. If disclosure is to take place it should be full and open, to enable proper negotiations to take place;

4. Should either side wish to obtain an expert valuation on any asset they should try to agree this and the identity of the person to be instructed with the other side;

5. If the matter settles by negotiation it will need to be approved by the court.  If it does not settle a formal application should then be brought. The court will issue directions to see if the matter can settle by negotiation and hold a trial where it cannot.

For further help and assistance call us on (01525) 373322, e-mail us or use the guides below.